Friday, December 27th, 2024

Where to go if husband does not demand sex from wife and wife does not demand sex from husband… Allahabad High Court gave a big decision

Prayagraj/New Delhi: Allahabad High Court, while dismissing a dowry harassment case, has said that it is not cruelty if a husband demands physical relations with his/her wife and the wife demands physical relations with her husband. The court said that if the husband and wife do not make such demands from each other, then how will they fulfill their sexual desires? The case is from Noida, where a woman has accused her husband of dowry harassment and torture. The woman has alleged that her husband used to demand dowry and beat her. The woman also alleges that her husband used to force her to have ‘unnatural sex’.

…So where will husband and wife calm their sexual urges: High Court’s question

In this case, Justice Anish Kumar Gupta, while giving the verdict on October 3, said that if the husband does not demand physical relations with his/her wife and the wife does not demand physical relations with her husband, then where will they go to fulfill the needs arising out of their excitement? Justice Gupta also said that the woman has not shown any injury marks which proves that she has not been subjected to cruelty.

Justice Gupta said, ‘If a man does not demand sexual relations from his/her wife and the wife does not demand such from her husband, then where will they go to fulfill their physical needs in a civilized society?’ Justice Gupta said. In its decision, it was said that whatever assault took place in this case was not because of non-fulfillment of dowry demand but because of the wife’s refusal to fulfill her husband’s sexual desires.

Wife’s husband falsely accuses her, case canceled

Justice Gupta said, ‘In any event, the wife never suffered any injury. On the facts of the case, it cannot in any way be said that this constitutes an offense of cruelty in terms of Section 498A of the Indian Code of Justice (IPC). There is no allegation regarding any specific demand of dowry, except general and vague allegations.’

This case is of the year 2015, when after marriage the husband and his/her family started demanding dowry. The woman had alleged that her husband used to abuse and beat her. The woman had also alleged that when she protested, her husband tried to strangulate her.

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